Data Private Statement
DiAgam Data Protection Statement
Last updated: 25 July 2018
DiAgam SA, having its Headquarters in avenue Louis Lepoutre 70, 1050 Brussels, and its operation and manufacturing office in rue du Parc Industriel 40, 7822 Ghislenghien, Belgium, and any relevant DiAgam entity in France, Spain or Portugal (“DiAgam”) informs you in accordance with Article 13 of Legislative Decree 196/03 and Regulation (EU) 2016/679 that your data will be processed using the methods and following purposes written in this Data Protection Statement. DiAgam may collect and store some of your information (including personal data), knowing that DiAgam is taking the protection of your personal data very seriously in all of its business processes. This Data Protection Statement is meant to help you understand how data are collected, processed and stored to meet legal requirements and DiAgam’s data protection standards. It will be very difficult and in most countries even impossible for DiAgam to provide you services if you refuse to allow DiAgam to process your data. For this reason, by providing personal data to DiAgam, you agree to be legally bounded by this Data Protection Statement and to consent explicitly to it as it may be amended from time to time. If you do not agree to this Data Protection Statement or cannot form a legally binding contract, DiAgam would not be able to process your personal data. 1. Scope of this Data Protection Statement This Data Protection Statement applies to all services offered by DiAgam in Belgium and its subsidiaries in France, Spain and Portugal.
This Data Protection Statement does not apply to services offered by other companies or individuals. This Data Protection Statement does not cover the information practices of other companies and organizations who advertise DiAgam services. Also, this Data Protection Statement does not cover any third party operating any website to which the DiAgam website or other digital asset may contain a link.
2. Data controller
The data controller for DiAgam SA, having its Headquarters in avenue Louis Lepoutre 70, 1050 Brussels, and its operation and manufacturing office in rue du Parc Industriel 40, 7822 Ghislenghien, Belgium, and any relevant DiAgam entity in France, Spain or Portugal (“DiAgam”) is DiAgam SA, rue du Parc industriel 40, 7822 GHISLENGHIEN,
VAT number BE0451.236.575
3. Data collected and method of collection In general DiAgam collects general and personal data concerning you: when you provide your details by phone or email to DiAgam; for its Clients (in such cases, Client must ensure that it is entitled to disclose such data and that you are aware of the various matters detailed in this Data Protection Statement); participants at Prospects or Client’s meetings, fairs and events organized by DiAgam; users of DiAgam’s or Client’s websites; and third parties (such as online service provider or single sign on authority); Internet from publicly accessible sites; Following the reception of the data, an electronic profile is created in DiAgam tools for each person or entity (the “Contact Profile”). The Contact Profile may contain but is not limited to: name; gender; date of birth; address; country ; language to be used with you; phone numbers; email addresses; organization or company of employment and/or job title; other communicated preferences; passport and visa details if you are participating to a fair or business trip with DiAgam Cookies Policy DiAgam does not use cookies on its Website www.diagam.com. Third-party cookies DiAgam is not responsible of any third party which may use a Network Advertising Initiative with its name, title of products and logo.
4. Purpose of data collection DiAgam uses the data collected to provide, maintain, protect and improve the overall quality of its services. DiAgam does not collect more data than is necessary to fulfil such purposes. In addition to creating Contact Profiles, DiAgam uses your data for the following purposes for which you give your consent: a) Promotion and marketing: DiAgam may use your data to send you marketing communications that we believe may be of interest to you, including information about our fairs, new catalogues, new product launches, scientific articles, etc. DiAgam may also use your data for:
conclude the contracts for the services of the controller;
conclude the contracts for the services of the data subject;
fulfil the pre-contractual (for example, sending offers and quotations), contractual and tax obligations arising from relationships with you in place;
fulfil the obligations established by law, by a regulation, by community legislation or by an order of the authority;
exercise the rights of the controller, for example the right to defense in court;
send by e-mail promotions and/or commercial communications on products or services offered by the controller similar to those already used.
The controller may not request the consent of the data subject for the use of the electronic mail address provided by the same data subject in the context of the sale of a product or service, provided that the services are similar to those for sale and the data subject, adequately informed, does not refuse such use, initially or during subsequent communications (Article 130 clause 4 of Legislative Decree 196/03 and Recital (50) of Regulation (EU) 2016/679).
b) Survey data: DiAgam may use your data to send you surveys about products and/or measure of your satisfaction regarding the DiAgam activities, products and /or services.
c) New products and services: DiAgam may use your data to send you marketing communications, technical information regarding products such as Instruction for Use, Material Safety data sheets, application settings, etc. d) Post Marketing Surveillance: DiAgam may use your data to contact you, and process, any technical information regarding products sold to you and your company.
e) Other purposes: DiAgam may use your data as DiAgam believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce DiAgam’s terms and conditions; (e) to protect DiAgam’s operations; (f) to protect DiAgam’s rights, privacy, safety or property, you or others; and (g) to allow DiAgam to pursue available remedies or limit the damages that DiAgam may sustain; (h) to allow you to apply for a DiAgam job or training offer.
5. Duration of storage
General and personal data will be kept by DiAgam only as long as reasonably necessary. Nevertheless, DiAgam will retain general and personal data in its archives during a maximum period of ten years if no specific legal requirement.
In case of revocation of the authorization to use your data, we reserve the right to recover such information in order to fulfil our legal obligations and to comply with regulatory requirements; if reasonably necessary, the data could be used or even disclosed to protect the rights of the company in the event of legal disputes (eg judicial proceedings, court decree, legal process). You may cancel/delete your DiAgam account by sending an email to our Data Protection Officer: mail@diagam.com. Please mention ‘to Data Protection Officer’ in subject of your email.
6. Location of storage and controller of data base The Contact Profiles that DiAgam maintains is stored within DiAgam.
7. Your duties You must ensure that the data you provide us with are: correct; accurate; current; truthful; and compliant with any applicable laws. In particular, since DiAgam will mainly use email communications with you, you are required to notify us of any modification of your email address.
8. Transfer and communication of data In general Your personal data may therefore be transferred to and outside of the European Union, including in countries whose data protection laws may be different from, and less stringent than, those in your country of residence. You hereby agree and give your consent to DiAgam to transfer and communicate your data as follows: a) Transfers within the DiAgam affiliates and subsidiaries: Transfers are made throughout DiAgam and its subsidiaries to support its activities and/or services.
b) Transfer to third-parties: DiAgam works with certain third parties (for instance Belgian trade office, travel agencies, consultant for prospective activities, etc) to obtain support services in connection with travels, meetings and events services and/or other DiAgam services to its Clients, such as, badge provider and, in some cases, personal data will be shared with these third parties in order to pursue DiAgam’s mission and goals. DiAgam may also transfer personal data to third parties at the request of its Clients (for example, to exhibitors or Scientific group issuing publications). DiAgam may transfer your data to third parties for promotion and marketing purposes as outlined under 4f). c) Regulatory transfers: DiAgam may be required by law to transfer data to governments and regulatory and/or supervisory authorities.
Electronic transfer of data You are notified that information you transmit or allow to be transmitted by DiAgam via an electronic medium, in particular via e-mail, SMS, contact forms, etc. are usually unencrypted and therefore neither confidential nor secure. Even in the event of an encrypted transmission, sender and recipient remain unencrypted in each case. Third parties may therefore be able to infer an existing or future business relationship between you and DiAgam. If you provide DiAgam with personal information, your personal data may be transferred by DiAgam to countries whose data protection laws may be different, and less stringent than, those in your country of residence as set forth above. Your personal data may in particular be transferred to the United States. You are hereby notified that your personal data might be accessed by governmental authorities in such countries (in particular by US authorities).
9. Website By browsing the Site and in particular by completing the online forms, DiAgam collects the personal data of Internet users necessary to give you access to the website and its content and / or answer your questions. The data processing is based, as the case may be, on the legitimate interest of DiAgam to pursue a commercial activity and to improve its services. DiAgam retains the data for the time necessary to fulfil the Purposes and for the duration of the applicable legal limitation, unless the law provides for another retention period. Where necessary, the personal data of Internet users may be shared with the other entities of the DiAgam Group, its subcontractors including IT subcontractors as well as its business or consulting partners (accountant, audit, etc.), the administrative or judicial authorities to meet the legal obligations and in case of control or other request as well as any company following a transfer of activity or a merger. Personal data may be transferred outside the European Union for the purposes previously described. To the extent permitted by law, each user who has communicated to DiAgam personal data has a right of access, rectification, deletion, a right to portability of his personal data and the right to limit or oppose their treatment.
10. Your rights In accordance with applicable data protection laws and regulations, you have a right to request access to, rectification of your Data, or restriction of processing, and to object to said processing, as well as the right to data portability to the extent applicable. Moreover, you have a right to lodge a complaint with a supervisory authority. Under certain conditions you also have the right to have your personal data that is stored by DiAgam blocked and deleted, unless DiAgam has to keep these data for legitimate business or legal purposes. For more information, you should contact the Data Protection Officer at the following e-mail address mail@diagam.com. As per GDPR requirements, DiAgam give you many choices regarding DiAgam’s use and disclosure of your personal data for marketing purposes (right to be forgotten, to modification, to limitation…). By contacting the Data Protection Officer at the above-mentioned e-mail address, you may opt-out from receiving future electronic marketing messages from DiAgam and request that we not share your personal data with unaffiliated third parties for their marketing purposes. DiAgam will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, DiAgam will not be able to remove your personal data from the databases of unaffiliated third parties with which DiAgam has already shared your personal data (i.e., to which we have already provided your personal data as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from DiAgam, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.
11. Changes This Statement may be revised and updated by DiAgam from time to time to comply with statutory data protection and privacy laws. DiAgam will post any statement changes on its website.
12. Contact If you need further assistance, please contact our Data Protection Officer at mail@diagam.com